Section 36 in Maharashtra Fire Prevention and Life Safety Measures Act, 2006
36. Offences and penalties.
(1)Whoever contravenes any provision of any of the following sections, namely:-(a)under section 3,-(i)sub-section (1), failure of the owner or, as the case may be, the occupier to provide and maintain the fire prevention and life safety equipment in good repair and efficient condition;(ii)sub-section (4), tampering with, altering, removing or causing any injury or damage to any fire prevention and life safety equipment installed in a building or instigating any other person to do so;(b)under section 4, sub-section (2), failure to remove objects or goods likely to cause the risk of fire;(c)under section 5, sub-section (3), obstructing the entry by a person or molesting such person after such entry for inspection;(d)under section 6, failure to comply with the notice, directing the owner or occupier to undertake measures regarding fire prevention and life safety;(e)under section 8,-(i)sub-section (2), failure to comply with the direction issued by the Director or the Chief Fire Officer, as the case may be,(ii)sub-section (4), removing the seal of the building without written order made by the Director or the Chief Fire Officer;(f)under section 10, sub-section (1), -(i)carrying out the work of providing fire prevention and life safety measures, or performing such other related activities by a person other than the Licensed Agency;(ii)giving a certificate under sub-section (3) of section 3 without there being actual compliance or maintenance of fire prevention and life safety measures and equipment;(g)under section 14, sub-sections (1) and (2), construction of a building without applying for permission of the Authority or without such permission and thereby avoiding to apply for assessment of fee payable under this Act;shall, without prejudice to any other action taken or which may be taken under any of the provisions of this Act, be punished with rigorous imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than rupees 20,000 but which may extent to rupees 50,000; and where the offence is continuing one with a further fine which may extend to rupees 3000 for every day during which such offence continues after the conviction for the first such offence:Provided that, in the absence of any special and adequate reasons to the contrary, to be mentioned in the judgement of the court, such punishment shall not be less than three months and such fine shall not be less than ten thousand rupees or such daily fine shall not be less than ten thousand rupees per day for a continuing offence.Explanation.- The expressions used in clauses (a) to (g) are not intended as the definitions of offences described in the sections mentioned in each of these clauses or even as abstracts of those sections but are mentioned merely as references to the subject matter of the offences under those sections.(2)Whoever -(a)willingly attempts, in any manner whatsoever, to evade any fee leviable under this Act, or(b)willingly attempts, in any manner whatsoever, any payment of any fee or interest or both under this Act, or(c)contravenes any of the provisions of this Act or rules for which no specific penalty has been provided by this Act, or(d)fails to comply with the requirements of any order or any notice or any directions issued under any of the provisions of this Act or the rules by the Director or any Authority or the Chief Fire Officer of such Authority or any other officer authorised by any of them, for which no specific penalty has been provided by this Act, shall, on conviction, be punished,-(i)in case where the amount of fees or interest or both involved exceeds rupees 50,000 during the period of a year, with rigorous imprisonment for a term which shall not be less than six months but which may extend to three years and with fine;(ii)in case where such amount is less than rupees 50,000 during a year, with rigorous imprisonment for a term which shall not be less than three months but which may extend to one year and with fine;(iii)in case of contravention of any provision of this Act or the rules made thereunder or failure to comply with the requirements of any order or notice as aforesaid, with rigorous imprisonment for a term which shall not be less than six months but which may extend to three years and with fine:Provided that, in the absence of any special and adequate reasons to the contrary to be mentioned in the judgment of the court, punishment under any of these paragraphs shall not be less than one month and such fine shall not be less than two thousand rupees.(3)Whoever aids or abets any person in commission of any offence specified in sub-section (1) or (2) shall, if the act is committed in consequence of the abetment, and no express provision is made by this Act for the punishment of such abetment, be punished with the punishment provided for the offenceExplanation.- An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment.
